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Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
.... and the contract for sale of the land in question. During pendency of the suit the defendant No. 2 appeared through his Advocate (P.W. 6) W Abdul Kashem and compromised the matter with the plaintiff so far his part of the share is concerned and executed a kabala, Exhibit‑1 admitting the contract ......e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ......at the defendant No. 2 at the relevant time had not been in Bangladesh and he did not execute any bainapatra in favour of the plaintiff and he also did not file any solenama in the suit. 5. At the trial the plaintiff examined 6 witnesses including the plaintiff herself as PW 1 and the defendant e......presented ‑ the Opposite Party. Civil Revision No. 313 of 1980. Judgment Mohammad Abdur Rouf J . - This Rule, at the instance of the plaintiff‑petitioner is directed against the judgment and decree dated 18.9.79 passed by Mr. Md. Aftabuddin, Subordinate Judge, Additional Court, Noakhali..Category: Property Law | Date: | Hits: 64
Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....rnment (Upazila Parishads and Upazila Administration Reorganisation) Ordinance, 1982 (Ordinance No. LIX of 1982), hereinafter called the Ordinance, contained in Annexure‑D to the petition. The reasons for such suspension being shown therein that three criminal cases, mentioned therein, have been......im from the office of said Chairman, under section 13A of the Local Government (Upazila Parishads and Upazila Administration Reorganisation) Ordinance, 1982 (Ordinance No. LIX of 1982), hereinafter called the Ordinance, contained in Annexure‑D to the petition. The reasons for such suspension bei......allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155.......amp; others...............Respondent. Judgment December 5, 1989. Cases Referred to- 1981 BLD (AD) 196 Md. Abdul Hai Bhuiyan Vs. Secretary, Ministry of Local Government, Rural Development and Co‑operative and others. Lawyers Involved: Aminul Huq with Md. Nizamul Huq, Advocates ..Category: Election Law | Date: | Hits: 121
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....t of Dhaka, and bearing Touzi No. 9859 described in detail in the schedule to the application. 3. It is alleged by the petitioner that the land on which this building stands originally belonged to some persons named Dengu Purification, Dominic Purification, Alfred Purification, Bengu Purification......desh on 17.4.85 refusing to release certain properties from the list of abandoned properties which has been earlier declared as abandoned property under the President's Order No. 16 of 1972, has been called in question with a further prayer for directing the respondents to release the said property ......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......diction) Present: M S Ali J Naimuddin Ahmed J Rana Awan (Mrs.)........................................... Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works and others.......Respondents. Judgment August 20, 1990. Cases Referred to- 16 DLR (SC) ..Category: Property Law | Date: | Hits: 78
Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)
....med to be a Civil Court and shall have the same powers as are vested in such Court under the Code of Civil Procedure (Act V of 1908) including the powers of: (a) enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents and material object; ......along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137.......re stating, inter alia, that the complainant opposite party who is the General Secretary of the Workers Union of the said Mills filed Criminal Case No. 97 of 1988 under sections 54 and 55 of the Industrial Relations Ordinance, 1969 against the petitioner for violation of various clauses of the agree...... (Criminal Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Kamaluddin Chowdhury................Accused‑Petitioner. Vs. Mashiudwllah and another............Opposite Parties. Judgment August 6, 1990. Case Referred to- Kal..Category: Criminal Law | Date: | Hits: 69
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....es' Republic of Bangladesh is directed against the judgment and order dated 11.10.2009 passed by a Division Bench of the High Court Division in Civil Miscellaneous Case No.1 of 2009 making the Rule absolute and thereby transferred the Money Suit No.2 of 2005 pending in the Court of Joint District Ju......in the similar manner the plaintiff had claimed to have spent Tk. 82, 84,952/-. It has been alleged that on 8.6.04 at about 11.00 hours the defendant Nos.2-4-respondent Nos.2-4 and some other persons called on the plaintiff-petitioner at their office situated at Dhaka directing him not to demand any......ome of which are, namely, balance of convenience of the parties, bias in a Judge causing reasonable apprehension of not getting justice, embarrassment of the Court, environment not congenial to fair trial, common question of law and facts raised in the suits, a question of interpretation of law and...... (2011) 103, 16 BLC (2011) 96. ..Category: Civil Law | Date: | Hits: 113
Sohel @ Sanaullah @ Sohel Sanaullah Vs. State, 2011, 40 CLC (AD)
....d others under sections 302/201/34 of the Penal Code and sentenced this present appellant to death and sentenced the other appellant Hannan and absconding co-accused Hanif and Mannan to suffer imprisonment for life with varying amount of fine, in default, to suffer rigorous imprisonment for a furt...... has given the prosecution an opportunity to fill up this lacuna which has been unjust and improper and has prejudiced this accused-appellant. The learned Advocate has argued also that except this so-called confessional statement of this accused appellant there is no other evidence to prove the invo......of 2004). Judgment Nazmun Ara Sultana J.- This appeal, by leave, it the instance of accused Sohel @ Sanaullah @ Sohel Sanaullah is against the order of sending beck the case on remand for fresh trial from the stage of examination of accused under section 342 of the Code of Criminal Procedure m......cord—For the Appellant. Momtazuddin Fakir, Additional Attorney-General instructed by B Hossain, Advocate-on-Record —For the Respondent. Criminal Appeal No. 32 of 2008. (From the Judgment and order dated 11-11-2007 passed by the High Court Division in Death Reference No. 93 of 2004 along..Category: Criminal Law | Date: | Hits: 84
State Vs. Keramat Ali & another, 2010, 39 CLC (AD)
....im Uddin for such cutting of their ail. The said occurrence was informed to the village elites including the informant who assured him that they would settle the matter between them. The accused persons including the accused-respondents became furious for the act of the informant. Consequently on ......d Rezaul karim with lathis in their hands. While they approached there, the accused left the place. 3. Thereafter the victim Rezaul Karim was takeen to their house wherein he lost his sense. P.W.1 called a local doctor Md. Habibur Rahman (P.W.12). According to his advise, the victim Rezaul Karim ......ivision in Criminal Appeal No.123 of 1989). Judgment Surendra Kumar Sinha J. - This appeal arose out of the following facts: 2. Respondents along with Keramat Ali and Azmat Ali were put on trial before the learned Sessions Judge, Jamalpur in Sessions Case No.41 of 1988 to face charge unde......der, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Respondent No. 2. Not Represented—For the Respondent No. 1. Criminal Appeal No.11 of 2008. (From the judgment and order dated 2-3-2005 passed by the High Court Division in Criminal Appeal No.123 of 1989). Ju..Category: Criminal Law | Date: | Hits: 90
Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
....the hut and took away the same with other materials of the hut and untensil causing loss of Tk. 6000/‑ in spite of the protest of the witnesses in his absence when he was in Dhaka to see his ailing son with his wife. The accused persons committed the offence taking advantage of their absence from ......ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ......ce. Ed. This Case is also Reported in: 43 DLR (1991) 128. ..Category: Criminal Law | Date: | Hits: 73
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....umurthi Chelly Vs. Sella Perumal Pillai, AIR 1936 Madras 651; Abdul Barek Mia and others Vs. AMM Serajul Islam, 20 DLR 501; Delower Hossain Vs. Saber Ahmed Kutubi Chowdhury and others, 29 DLR 211; Kaysons Vs. National Bank of Pakistan, Karachi, PLD 1972 Karachi 174; Abdul Jalil Munshi and another Vs......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......o. 376 of 1963 challenging the decree passed in Title Suit No. 449 of 1961 and lost tip to the Supreme Court and therefore the present suit was barred principle of res judicata.. His further case was trial defendant No. 1 had valid title and possession over the suit land and he acquired it from defe...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Nurul Huque Bhuiyan J Repco Laboratories Ltd............................Petitioner Vs. Nuruddin Ahmed and others.....................Opposite Parties. Judgment June 21, 1989. Cases Referred to-..Category: Procedural Law | Date: | Hits: 84
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
.... mortgaged the land to the bank and he later on having failed to redeem the same the bank auctioned purchased the same. The bank authority, however, proposed to sell the suit land and the plaintiff also agreed to purchase the same. Thereby on 12.10.59 one Khitish Rushan Datta, the then agent of the ...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ...... High Court Division (Civil Revisional Jurisdiction) Present: Mohammad Abdur Rouf J Durgarani Sarkar ....................................Petitioner Vs. United Bank of India Ltd. and others..........Opposite Parties. Judgment June 28, 1989. Cases Referred to- HN Fab..Category: Property Law | Date: | Hits: 70
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....ntiffs own business and the plaintiff served notice under section 106 of the Transfer of Property Act upon the defendants asking them to relinquish possession of the suit premises but they did not do so. The defendants being tresspassers in the suit premises are liable to be evicted. 3. The defen......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......The grounds which the learned Advocate has taken now with regard to the jurisdiction of the ordinary Civil Court and maintainability of the suit was not taken and such objection was not raised at the trial stage or even thereafter during appeal. So the question arises whether the learned Advocate is...... costs. Ed. This Case is also Reported in: 43 DLR (1991) 115...Category: Property Law | Date: | Hits: 66
Sheikh Mohd. Salimullah Vs. Shafiqul Alam, 1990, 19 CLC (HCD)
....e landlord ‑opposite party in respect of the suit promises and the opposite party filed the aforesaid two suits for ejectment of the petitioner on the ground of default in the payment of rent and also for bona fide requirement. It is the further case of the petitioner that when the landlord refuse......as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......p together for hearing as they relate to the same matter. 2. The petitioner in these two revisional applications filed two petitions praying for staying all further proceedings of SCC Suit Nos. 56 and 57 of 1988 now pending in the 1st Court of Assistant Judge and SCC Judge, Dhaka. 3. The petit..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....uction. The other point is that High Court Division fell an error in allowing the judgment-debtor to pay the decreetal amount by installments in failing to consider that the property had already been sold in auction to the appellant and thereby he had acquired a valuable right in the said property, ...... of Civil Procedure are maintainable and that the High Court Division rightly interested with the auction sale. 14. Even if there is alternative remedy interference by the High Court Division is called for under article 102(2) of the constitution where a party completing fraud had no other ef......able settlement for payment of outstanding dues under the Ain of 2003 can be effected in these stages of a proceedings: the first stage is provided in sections 21 and 22 which can be done at the pretrial stage and the procedure is provided in section 24, second stage is under section 38 after pass...... SAN Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Fariduddin Mahmud...........................................Appellant Vs. Md. Saidur Rahman and others ...........................Respondents Judgment June 10, 2010. Cases Referred to..Category: Civil Law | Date: | Hits: 113
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
....n No. 2550 of 1991. Judgment Bimalendu Bikash Roy Chowdhury J.- This rule arises out of a suit for declaration of title and recovery of khas possession in certain land. It is being contested by some of the defendants including the petitioner. At the hearing of the suit one of the plaintiff nam......the trial Judge is directed to hear and dispose of the suit within 28th February, 1993. Let a copy of the order be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 110. ......t unfortunately he died before he could be cross‑examined. An application was thereupon filed from the side of the petitioner for an order to have his deposition expunged as being inadmissible. The trial judge, by the impugned order dated 5.8.91, rejected the same. It is against this order that th......rt High Court Division (Civil Revisional Jurisdiction) Present Bimalendu Bikash Roy Chowdhury J Chowdhury Miah……………………….Petitioner.. Vs. Dhanindra Kumar Shil and others…………………....Opposite Parties Judgment December 10, 1992. Cases Refe..Category: Procedural Law | Date: | Hits: 91
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....Tk. 47,500.00 from the complainant from his shop at Agla Bazar in presence of witnesses after executing a document in his favour on a non‑judicial stamp of Tk. 3.00 promising to repay the amount as soon as it is demanded. In spite of repeated demands and requests. accused did not refund the money ......against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......g. It is to be mentioned, however, that intention to cheat is to be gathered from surrounding circumstances.” We have already noticed that the petitioner tried to get himself discharged from the trial Court in hearing under section 241A Cr.P.C. in which he produced the GD entry dated 6.8.83 to ...... High Court Division (Criminal Revisional Jurisdiction) Present: Muhammad Ansar Ali J Kazi Ebadul Hoque J Shafiuddin Khan (Md)……………………Petitioner Vs. The State and another…………………..Opposite Parties Judgment January 6, 1993. Cases Referred..Category: Criminal Law | Date: | Hits: 132
....ration and others……..........Respondent
Judgment
October 28, 1992.
Cases Referred to-
M/s Hossain Ahmed Vs. M/s HD Hossain and Brothers, 32 DLR (AD) 223; KM Guruswami Vs. State of Mysore, PLD 1956 (SC India) 53; UK Salsabil Vs. Shams Corporation, 37 DLR (AD) 117; AIR 1992 Kerala 26......o to no result. Thereafter according to the petitioner two board meetings of the said Mills were held on 25.6.92 and on 2.8.92 where it was decided that to put an end to the controversy a retender be called. The petitioner filed an application before the Chairman, Bangladesh Chemical Industries Corp......ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
......
(Special Original Jurisdiction)
Present:
Anwarul Haque Choudhury J
KM Hasan J
Shafiq Ahmed………………Petitioner
Vs.
Chairman, Bangladesh Chemical Industries Corporation and others……..........Respondent
Judgment
October 28, 1992.
Cases Referred to-
M/s H..
Category: Others | Date: | Hits: 128
Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
.... in this case rightly. 3. Mr. Faridul Alam Chowdhury further submits that his client produced certain document showing him as sub‑tenant but that not having been accepted the order impugned is also bad. In view of the scope of section 115(1) of the Code of Civil Procedure mere error of law is n......rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......osts. Ed. This Case is also Reported in: 43 DLR (1991) 112. ..Category: Property Law | Date: | Hits: 67
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....ing thereon at a consideration of Tk. 2,700/‑ and the possession of the same was delivered to him on 20.7.1961. The plaintiff was compelled to leave the suit property for the time being, for his personal safety just after the liberation of Bangladesh being a non‑local and took shelter at 70, Wat......s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......gh Court Division (Civil Appellate Jurisdiction) Present: Md. Abdul Jalil J Mahmudul Amin Chowdhury J Hashem (Md.).......................................Appellant Vs. Bangladesh and others...........................Respondents. Judgment August 16, 1990. Lawyers Involve..Category: Property Law | Date: | Hits: 73
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
.... 311 of 1969. 2. The plaintiff instituted Partition Suit No. 311 of 1969 against the defendants. His case was that the land described in schedule I to the plaint belonged to Ejahar Mia the predecessor‑in‑interest of the defendants. Ejahar Mia while in possession as owner of the said land by 3...... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ...... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ......rder as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....power committee of the Government, should not be encouraged. In recording disapproval I seek support from the judgment of Blagden J, and am tempted to quote a quotation from his judgment which is: “some years before the present war, and for ought I know to the contrary since a man used to stand ou......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......by him the defendant was to deliver vacant possession of the land in dispute to the plaintiffs and the plaintiffs were to pay the cost of litigation. The defendant took objection to the award and the trial court accepted the same but on appeal the appellate Court directed to record the agreement on ......Syed JR Mudassir Husain J Adamjee Sons Limited................Appellant. Vs. Jiban Bima Corporation............Respondents Judgment August 3, 1992. Cases Referred To- LIGH Ariff and others Vs. Bengal Silk Mills Lid. and another, 1949 Cal. 350; Zeauddin and others Vs. Abdur Rafi..Category: Alternative Dispute Resolution | Date: | Hits: 174
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